Got H4 I-94 date beyond Visa Date on POE

H4 Visa
1

Hello,

I am on H4.The H4 Visa is valid till Sep 30, 2022. I have not applied I-539 as thought of getting stamped in India in summer vacation.

Initially, my spouse went to India alone and he got H1B stamped with new date i.e Sep 30,2025 before I join him there.

Since, I am unable to get visa appointment, we thought of traveling with existing visa (i.e expiring Sep 30,2022) along with my spouse who has valid visa till 2025. Then, we have traveled back to US, in port of entry the officer asked us why your spouse got H1B stamped and why not you? we have answered and he checked with someone over the phone and gave I-94 for H4 till 2025 as well along with H1B date.

Question - Now, do I need to apply I-539? bcoz the Visa on passport is expiring soon? but I-94 I have till 2025. If I travel outside USA, def will get stamped.

2

Visa is just a travel document required to enter the US. Your legal status while you are in the US is governed by I-94 that is issued by the CBP at POE or the one attached to the I-797 approval notice that one receives in response to approval of extension of status or change of status in the US.

In your case CBP issued the I-94 online so you dont need to apply for extension of status (I-539). When you travel outside of the US next time, you will need visa stamping unless you are visiting Canada or Mexico for less than 30 days in which case you can use AVR to enter back in the US with expired visa.